Legal Question in Family Law in New Jersey

Do I have to see my child?

My son is 12 years old. I have seen him every weekend for the past seven years. I recently requested a modification to this arrangement and was told I HAD to pick up my son. Our agreement states every other weekend and Saturday 9-8, but she was more than happy to have me take him every weekend. I have never missed a support payment and have always paid the ''extras'' necessary. I asked for two weekends on and one weekend off so I could have a life. She flipped out, went to an attorney and according to his letter, ''Ms. ___ will have no choice but to file a post judgment motion seeking to enforce the de facto visitation schedule currently in place. Can she legally do this? I thought it was ''visitation rights'' - rights, not requirement. Please advise.


Asked on 5/18/04, 6:55 pm

2 Answers from Attorneys
Drew Hurley Law Offices of Drew M. Hurley

Re: Do I have to see my child?

Generally, Courts do not mandate that a parent use whatever visitation he or she has either under an order or, in your case, by subsequent agreement (de facto). Your only option is to call their bluff and reduce your parenting time. If they file a motion then you'll address it in the only forum you'll get relief, if any.

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Answered on 5/18/04, 9:23 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Do I have to see my child?

Technically, the Court Order would require you to do everything in it, including utilizing all of the parenting time, although it is rare that we see a Court enforcing more time. However, I have seen a Court require, when a parent argues that she needs to get a baby sitter for missed time, the payment of money to the other party. This issue could be decided any number of ways, depending on the way the facts are presented and the varying opinions of Judges. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 5/19/04, 8:16 am


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